A consensus convention …
could also allow countries to declare that their habitually resident consumers can agree to forum clauses, on conditions specified in the declaration
- eg with clear notice and express consent
- eg if no solicitation in consumer’s home jurisdiction
- eg if suitable ADR options are offered
resolves all objections based on “change for the worse”
doesn’t make things better in some cases
- but if “better” is a highly contested concept, this may be as far as we can get this time round
- competing conceptions of an ideal convention should not be allowed to prevent us achieving a practically effective, and very important, step forward